Rajendran.K vs State Of Kerala
2022 Latest Caselaw 1190 Ker

WP(C) NO. 2052 OF 2022            1



          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
                 TH
   FRIDAY, THE 28   DAY OF JANUARY 2022 / 8TH MAGHA, 1943

                   WP(C) NO. 2052 OF 2022

PETITIONER/S:

    1    RAJENDRAN.K,
         AGED 58 YEARS,
         ASWATHY BHAVAN, CHERAPALLY, VALIYAMALA,PARANDODE.
         THIRUVANANTHAPURAM, PIN - 695542.

    2    JOY K.,
         AGED 56 YEARS,
         JOSE VILASOM,VALIYAMALA, ERAVOOR, ARYANAD
         PIN - 695542.

    3    RAMESHKUMAR K.M.,
         AGED 59 YEARS,
         KRISHNABHAVAN, ULANAD P.O, KULANADA
         (VIA)KOZHENCHERRY,
         PIN - 683503.

    4    C.SURESHKUMAR,
         AGED 58 YEARS,
         VIJAYAVILASAM,PUTHUKULANGARA,
         PIN - 695541.

         BY ADVS.
         N.UNNIKRISHNAN
         UBAI KUMAR BALAN


RESPONDENT/S:

    1    STATE OF KERALA,
         PRINCIPAL SECRETARY TO THE GOVERNMENT, TRANSPORT
         DEPARTMENT, GOVERNMENT SECRETARIAT,
 WP(C) NO. 2052 OF 2022            2


         THIRUVANANTHAPURAM, PIN - 695001.

    2    KERALA STATE ROAD TRANSPORT CORPORATION,
         TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM
         THIRUVANANTHAPURAM, PIN - 695001




         SRI DEEPU THANKAN, STANDING COUNSEL

         SRI A S DHEERAJ, GOVERNMENT PLEADER



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 2052 OF 2022                      3




                                JUDGMENT

The petitioners contend that they were appointed on a regular basis

in the 1st respondent Corporation and they later absorbed in the

establishment on their completion of 240 duties. The grievance of the

petitioners is that for the purpose of pensionary benefits, their provisional

service is not counted along with the regular service. Relying on the

judgment of the Larger Bench of this Court in K L Francis v. KSRTC and

another [2015 (2) KHC 1], it is contended by the petitioners that the

provisional service of the Conductors/Drivers in KSRTC is also to be counted

along with the regular service for the purpose of grant of pensionary

benefits.

2. Sri.Deepu Thankan, the learned Standing Counsel, appearing for

the respondent Corporation, submits that the judgment of the Larger Bench

of this Court in K L Francis (Supra) has been challenged by the Corporation

and the matter is still pending before the Hon'ble Supreme Court.

3. The learned counsel appearing for the petitioners on the other

hand would refer to the judgment of this Court in W.P.(C) No.11010 of 2021

dated 11.05.2021 and it is contended that this Court, relying on the

judgment in K L Francis (Supra), has directed the Corporation to reckon

the provisional service of the petitioners along with their regular service for

the purpose of pensionary benefits, however, subject to the final result of

the Special Leave Petition filed by the KSRTC. The learned counsel submits

that the petitioners have preferred Exhibits-P17 to P20 representations

before the respondents and their limited request at this stage is for

expeditious consideration of the representations in the light of the law laid

down in K.L. Francis (Supra).

4. Having regard to the facts and circumstances and the submissions

made across bar, this writ petition is disposed of directing the 2nd

respondent to consider Exhibits-P17 to P20 representations filed by the

petitioners in the light of the judgment of this Court in K L Francis (Supra)

and also the judgment dated 11.05.2021 in W.P.(C)No.11010 of 2021.

Orders shall be passed expeditiously in any event with notice to the

petitioners within a period of two months from the date of receipt of a copy

of this judgment. It is made clear that the directions issued as aforesaid will

be subject to the outcome of the Special Leave Petition preferred by the

Corporation and pending before the Apex Court challenging the judgment in

K L Francis (Supra).

With the above direction, this writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE

DSV

APPENDIX OF WP(C) 2052/2022

PETITIONER (S) EXHIBITS :

Exhibit1 A TRUE COPY MEMORANDUM NO.

PL1/110/2000/KTDA DATED 24.05.2000 ISSUED BY DISTRICT TRANSPORT OFFICER, KSRTC, KATTAKKADA.

Exhibit2 A TRUE COPY OF CASH RECEIPT MD NO.

086259 DATED 30.05.2000 ISSUED BY THE DISTRICT TRANSPORT OFFICER, KSRTC, KATTAKKADA.

Exhibit3 A TRUE COPY OF MEMORANDUM NO.

PL12/025739/2008 DATED 08.02.2013.

Exhibit4 A TRUE COPY OF PENSION PAYMENT ORDER NO.

EXG. 1914 ISSUED BY THE DEPUTY CHIEF ACCOUNTS OFFICER (IA) IN RESPECT OF THE FIRST PETITIONER.

Exhibit5 A TRUE COPY OF CASH RECEIPT CI NO. 75603 DATED 08.11.1994 ISSUED BY OFFICE OF THE ASSISTANT TRANSPORT OFFICER, KSRTC, KATTAKKADA.

Exhibit6 A TRUE COPY OF MEMO NO. PL3-106/97/KTDA DATED 24.02.1997 ISSUED BY THE ASSISTANT TRANSPORT OFFICER, KSRTC, KATTAKKADA.

Exhibit7 A TRUE COPY OF MEMORANDUM NO.

PL12/025739/2008 DATED 07.04.2012.

Exhibit8 A TRUE COPY OF PENSION PAYMENT ORDER NO.

55675 ISSUED BY THE DEPUTY CHIEF ACCOUNTS OFFICER (IA).

Exhibit9 A TRUE COPY MEMORANDUM NO. E1/347/99/ADR DATED 24.02.1999 ISSUED BY THE ASSISTANT

TRANSPORT OFFICER, KSRTC, ADOOR.

Exhibit10 A TRUE COPY OF MEMORANDUM NO PL12/025739/2008 DATED 07.04.2012.

Exhibit11 A TRUE COPY OF MEMO NO. E2-240/12/ADR DATED 07.11.2012.

Exhibit12 A TRUE COPY OF PENSIONERS' PASS NO.AE

-119745 DATED 26.04.2021.

Exhibit13 A TRUE COPY OF MEMORANDUM NO.

E2.0271/97/KMR DATED 30.04.1997 ISSUED BY THE DISTRICT TRANSPORT OFFICER, KSRTC KILIMANOOR IN RESPECT OF 4TH PETITIONER.

Exhibit14 A TRUE COPY OF MEMORANDUM NO PL12/025739/2008 DATED 24.04.2012.

Exhibit15 A TRUE COPY OF MEMORANDUM NO.

E2/5307/12/NDD DATED 07.12.2012.

Exhibit16 A TRUE COPY OF EX-GRATIA PENSION PAYMENT ORDER NO. EX-1977.

Exhibit17 A TRUE COPY OF REPRESENTATION DATED 07.12.2021 SUBMITTED BY THE FIRST PETITIONER.

Exhibit18 A TRUE COPY OF REPRESENTATION DATED 07.12.2021 SUBMITTED BY THE SECOND PETITIONER.

Exhibit19 A TRUE COPY OF REPRESENTATION DATED 07.11.2021 SUBMITTED BY THE THIRD PETITIONER.

Exhibit20 A TRUE COPY OF REPRESENTATION DATED 26.12.2021 SUBMITTED BY THE FOURTH PETITIONER.

Exhibit21 A TRUE COPY OF JUDGMENT DATED 10.01.2017 IN W.P.(C) NO. 231/2017 (VARGHESE, K. V AND ANOTHER VS. STATE OF KERALA AND ANOTHER).

Exhibit22 A TRUE COPY OF JUDGMENT DATED 11.05.2021 IN W.P ( C) NO. 11010/2021 (A) (R.

SULABHACHANDRAN & OTHERS VS. STATE OF KERALA AND ANOTHER).

RESPONDENT (S) EXHIBITS : NIL